(A) Introduction. This chapter sets forth the general improvements required for major or minor subdivisions. It explains what government standards and regulator functions are involved and must be coordinated in carrying out the Comprehensive Plan. Its provisions help to ensure the protection of the health and welfare of the future occupant of an approved subdivision, assure the quality of new development and minimize the adverse effects of the construction of subdivisions on surrounding environment.
(B) Conformance.
(1) In addition to these regulations, all subdivision plans shall comply with the following laws, rules and regulations:
(a) All applicable federal, state, and local statutory provisions;
(b) The Zoning Ordinance; Building Code, Storm Drainage, Erosion, and Sediment Control Ordinance; and all other applicable laws of the town;
(c) The Comprehensive Plan, including all streets, drainage systems, and park systems shown on the Land Use Plan;
(d) Any rules or regulations of the Morgan County Health Department or corresponding state agencies;
(e) The rules and regulations of the Indiana Department of Transportation if the subdivision or any lot contained therein abuts a state or federal highway; and
(f) The highway and drainage standards and regulations adopted by the Plan Commission.
(2) Subdivision approval may be withheld if a subdivision is not in conformity with the above guidelines, requirements or these regulations.
(C) Covenants. If the developer places a restriction on any of the land contained in the subdivision which is greater than but not in conflict with those required by the Zoning Ordinance or these regulations, the restriction or reference thereto shall be required to be indicated on the final plat, and the Commission shall require that the restrictive covenants be recorded.
(D) Plats crossing governmental boundaries. Whenever access to the subdivision is required across land in another governmental jurisdiction, the Commission shall request assurance from the other governmental jurisdiction that access is legally established and the access road is adequately improved, or that a performance guarantee has been duly executed and is sufficient in amount to assure the construction of the access road. Lot lines shall be laid out so as not to cross governmental boundary lines.
(E) Boundary improvements. The developer shall cause to be placed, under the supervision of a registered land surveyor, boundary corner markers on the perimeter of the subdivision being platted at all corners and angle points therein. Permanent monuments shall be placed on the center line of streets at all points of curvature, tangency, intersection and radius points at cul-de-sacs in accordance with 865 I.A.C. 1.1-12.
(F) Character of the land. Land which the Commission finds to be unsuitable for subdivision because of flooding, improper drainage, steep slopes, rock formations, adverse earth foundations, topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or by its surrounding area, shall not be subdivided unless an adequate method is formulated by the developer and approved by the Commission to solve the problems created by the unsuitable land conditions.
(G) Subdivision names. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Commission shall have final authority to approve the name of the subdivision which shall be determined at the time of primary approval. In the event the developer intends to develop the subdivision in phases, the name of the subdivision shall incorporate by number, and as necessary, the respective phases, sections and parts in that order.
(H) Street names and addresses. Street names and numbers shall conform with the established pattern in the town and shall be subject to the approval of the Commission. The street names for all lots shall be assigned by the Plan Commission and listed on the final plat prior to final approval.
(I) Lot improvements.
(1) Lot dimensions and area.
(a) Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum requirement for the zoning district in which the subdivision is located, the Commission may require that the lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, in compliance with the Zoning Ordinance and these regulations;
(b) Side lot lines should be at right angles to street lines (radial to curving street lines) unless a deviation from this rule will give a better street or lot plan;
(c) The depth of any lot should not be more than 3 times the width of the lot. Lots with a depth greater than 3 times the width may be allowed by the Commission upon unusual circumstances such as extreme hardship, topography or unusable remnants under conditions of extreme hardship or unusual conditions of topography; and
(d) Lot areas as specified in the Zoning Ordinance shall exclude all unusable areas such as wet/dry detention basins, areas below normal pool level of lakes and ponds, floodways, cliffs and other steep, unstable slopes, easements for high pressure petroleum pipelines and high tension power lines.
(2) Double frontage lots and access to lots.
(a) Double frontage and reversed frontage lots should be avoided in residential subdivisions except where necessary to provide separation of residential development from traffic arterials or collector roads or to overcome specific disadvantages of topography and orientation; and
(b) Lots in residential subdivisions shall not derive access exclusively from an arterial or collector road. Where driveway access from an arterial or collector road may be necessary for several adjoining lots in both residential and nonresidential subdivisions, the Commission may require that the lots be served by a combined access or frontage road in order to limit a possible traffic hazard on the road. Driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on the roads.
(3) Easements.
(a) All proposed subdivisions submitted for approval under the provisions of these regulations shall allocate areas of suitable size and location, wherever necessary, for drainage/utility easements. As a general principle, the easements shall be located along both sides of rear lot lines and the total width of the easements shall be at least a minimum of 30 feet; and
(b) If any stream or necessary surface drainage course is located in the area proposed to be subdivided, adequate easements along the sides of the stream or surface drainage course shall be allocated for the purpose of widening, deepening, sloping, improving or protecting the stream or surface drainage course. The easements provided must at least cover the floodway of the stream or surface drainage course.
(4) Lot grading. All lots shall be provided positive drainage which shall be coordinated with the general storm water drainage at the development.
(J) Debris and waste. Debris and waste shall be disposed of in compliance with state regulations and the Town of Monrovia's ordinances. Any items to be buried must be shown on the approved construction plans and cannot be located under proposed streets, drainage ways or the building site. Burning of natural vegetation or structures shall be in accordance with state and local open burning laws. No burning of construction materials is permitted.
(K) Water bodies. If a tract being subdivided contains a water body other than a temporary detention facility or portion thereof, lot lines shall either be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots, or the Commission may approve an alternative plan
whereby the ownership of and responsibility for safe maintenance of the water body is placed so that it will not become the responsibility of the town. No part of the minimum area of a lot required under the Zoning Ordinance may be satisfied by land which is under water other than a temporary detention facility or portion thereof.
(L) Frontage on an improved street. Every lot appearing upon the proposed plat shall abut upon or have sufficient and adequate access to, a street designated and labeled within or on the perimeter of the plat and constructed or to be constructed in accordance with the requirements, standards and specifications of these regulations.
(M) Public sites. All proposed subdivisions submitted for approval under the provisions of these regulations shall allocate adequate areas for park, school, recreational and other public and semipublic sites, wherever necessary in conformity with the Comprehensive Plan and as required by the Commission. The location, shape, extent and orientation of these areas should be consistent with existing and proposed topographical and other conditions of the proposed subdivision. These areas shall be made by one of the following methods:
(1) Dedication to public use;
(2) Reservation for the use of owners of land contained in the plat, by deed restriction or covenants which specify how and under what circumstances the area shall be developed and maintained; or
(3) Reservation for acquisition by the town or an agency thereof.
(Ord. passed 10-11-2004)